When you drink alcohol or use other drugs and drive, you endanger your life as well as the lives of your passengers and other motorists. Each year, thousands of people are killed or permanently disabled because someone drove while intoxicated after consuming alcohol or other chemical substances. Michigan takes a strong stand against drivers who abuse substances and drive.

Drinking and Driving is Illegal 

Drink and drive, and the results can be deadly. Several hundred people die every year in Michigan from alcohol-related crashes. The courts, law enforcement, state and local governments, as well as a number of private agencies, are working together to reduce and prevent the thousands of injuries and deaths that result from drunk driving in Michigan.

Under Michigan law, it is illegal to drive:

• While intoxicated or impaired by, alcohol, illegal drugs, and certain prescribed medications.
• With a bodily alcohol content of 0.08 or more (driving while intoxicated).
• With any presence of a Schedule 1 drug or cocaine.

If you are under age 21 it is against the law:

• To drive with a bodily alcohol content of 0.02 or greater, or have any presence of alcohol other than that consumed at a generally recognized religious ceremony.
• To buy, possess, or consume alcoholic beverages. You may transport alcohol in a vehicle only when accompanied by an adult age 21 or older. If you are caught with alcohol in your vehicle and there is no adult accompanying you, you can be charged with a misdemeanor, whether you are on the road or in a parking lot.

It is best to never drink and drive. If you plan on drinking, select a designated driver ahead of time who is not going to drink. You can also ask someone else to give you a ride, call a taxi, use public transportation, or seek other assistance. If someone you know has been drinking or using drugs, do not let him or her drive. Find a designated driver, call a taxi, or insist that the person use public transportation. Never ride with anyone who has been drinking or using drugs. If necessary, take away a person's car keys and offer him or her a place to sleep. Be sure drivers are completely sober before they get behind the wheel.

Effects of Alcohol

Driving requires concentration, motor skills, common sense, and a concern for the safety of everyone on the road. Alcohol affects people differently. Mixing drugs or medications with alcohol can be especially dangerous and even deadly, especially behind the wheel.

The effects of alcohol are the same whether you drink beer, wine, or whiskey. A12-ounce can of beer, 5-ounce glass of wine, and a 1.5-ounce shot of whiskey all contain the same amount of alcohol. Drink a standard serving of any of these and the effects will be the same to your body. Your judgment and self-control will be affected. Drinking even one drink can impair your ability to drive, slow your reaction time, dull your concentration, and cause visual problems. Many people mistakenly believe that coffee, a cold shower, exercise, or fresh air can sober them up. The only thing that sobers you up is time.

Illegal or Street Drugs and Medications

Because everyone's metabolism is different, it's difficult to predict how medications and drugs will affect the body. Drugs and medications can be as dangerous as alcohol when mixed with driving.  Illegal or "street" drugs are sold without a prescription and are particularly dangerous because users do not always know the contents, purity, or possible effects of these drugs. Prescription and non-prescription medications may also contain substances that can adversely affect your ability to drive safely. Some drugs such as antihistamines, which are found in many cold remedies and allergy preparations, tranquilizers, sleeping pills, and pain relievers may cause drowsiness. Diet pills, "stay awake" drugs, and other medications with stimulants such as caffeine, ephedrine, and pseudoephedrine may cause excitability or drowsiness. Effects may also vary depending on the combination of drugs. Know the contents and potential side effects of any drugs you are taking and be sure it is safe to drive when using them. For more information, consult your physician or pharmacist.

Recognizing Drivers Who Have Been Drinking or Using Other Drugs

It is possible to recognize drivers who may have been drinking or using other drugs. They may:

• Weave within their lane.
• Wander from one lane to another.
• Run off the pavement.
• Stop too quickly or slowly.
• Drive too quickly or slowly.
• Go through stop signs or other signals.
• Drive on the wrong side of the road.

These signs do not always mean that the driver has been drinking or using drugs, but they do require your full attention. If you observe a dangerous situation, do not become personally involved. Get an accurate description of the vehicle and license plate number. Call 911, the local Michigan State Police post, or a telephone operator for police help. You are most likely to encounter other drivers who have been drinking or using drugs at night or early morning, particularly from 8 p.m. to 4 a.m.; on the weekends, especially late Friday and Saturday nights; on holidays; or near bars and other businesses that sell alcohol.

When you see a suspected drunk driver, put as much distance as possible between yourself and the suspected drunk driver. Think twice about passing a suspected drunk driver. Let the driver pass you, especially when approaching rapidly. Avoid their uncertain actions. Stay alert. It is possible that the same driver may be met further down the road.

Anti-Drunk Driving Laws

Anti-drunk driving laws require swift and sure action and stiff penalties for drunk drivers. The laws:

• Require courts to decide drunken driving cases within 77 days after an arrest.
• Require a mandatory six-month driver license suspension even for a first conviction. A driver may be eligible for a restricted license after serving 30 days of the suspension.
• Require five days to one year of consecutive jail time and/or 30 to 90 days of community service for a second conviction of drunk driving.
• Include a felony for three convictions in a lifetime. 
• Include a felony for a conviction for drunk driving that causes death.
• Include a felony for a conviction for drunk driving that causes a serious injury to another.
• Require fines for a conviction of driving while a driver license is suspended or revoked of up to $500 for a first offense, and $1,000 for an additional offense.
• Do not allow hardship appeals for habitual alcohol offenders.
• Require a reinstatement fee of $125 if your driver license was suspended, revoked, or restricted.
• Require a Driver Responsibility Fee of $1,000 for two consecutive years for driving while intoxicated and a $500 fee for two consecutive years for driving while impaired, with any presence of a Schedule 1 drug or cocaine, zero tolerance, or child endangerment.

Preliminary Breath Test 

When stopped by a law enforcement officer for suspicion of driving while intoxicated, you may be asked to take sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether you are under the influence of alcohol. If you refuse to take the PBT, you will be charged with a civil infraction and fined up to $150 plus court costs. Persons under age 21 who refuse to take the PBT will receive two points on their driver record. Even if you take the PBT, you must still take the evidentiary chemical test (blood, breath, or urine test).

Michigan's Implied Consent Law 

If arrested, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license will be suspended for one year. Please be aware that suspension of a license is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, the officer will destroy your driver license, and you will be issued a 625g paper permit on which to drive until your case is resolved in court. There are no hardship appeals for a restricted license the second time you refuse.

Types of Charges 

Operating While Visibly Impaired (OWVI) means that because of alcohol or other drugs in your body, your ability to operate a motor vehicle was visibly impaired.

Operating While Intoxicated means the alcohol or drugs in your body substantially affected your ability so you could not operate a motor vehicle safely. It can also mean that your bodily alcohol content was at or above 0.08. This can be shown by a chemical test.

Operating With Any Presence of a Schedule 1 Drug or Cocaine means having even a small trace of these drugs in your body even though you may not appear to be intoxicated or impaired.  This can be determined by a chemical test.

Under Age 21 Operating With Any Bodily Alcohol Content means having a BAC of 0.02 to 0.07 or any presence of alcohol other than that consumed at a generally recognized religious ceremony.

Teen Drivers and Alcohol 

Drivers between the ages of 16 and 20 are typically the least experienced drivers on the road. When alcohol is added to their inexperience, the results can be even more deadly. Male teenage drivers with a bodily alcohol content at 0.05 or more are 18 times more likely than a sober, male teen driver to be killed in a single vehicle crash. Female teenagers are 54 times more likely to be killed than a sober counterpart. Any involvement with alcohol by teens can result in the loss of their license. Simply possessing any alcoholic beverage, whether in a motor vehicle or not, can result in a license suspension for a teen.

For information about licensing actions for drivers under age 21, please see the Zero Tolerance section under Driver License Actions below.

Anti-Drug Laws 

Michigan law requires driver license suspensions for drug convictions, even if you were not driving at the time of the offense. If there are no prior drug violations, your driver license is suspended for six months. No restricted license is allowed for the first 30 days. One or more prior drug convictions in seven years means your driver license will be suspended for one year. No restricted license is allowed for the first 60 days. The driver license reinstatement fee is $125. This fee is separate from the reinstatement fee required for any other driving activity.

Driver License Actions 

First Offense: 

OWI (Operating While Intoxicated) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)
$100 to $500 fine and one or more of the following:
    Up to 93 days in jail.
    Up to 360 hours of community service.
Driver license suspension for 30 days, followed by restrictions for 150 days.
Possible vehicle immobilization.
Possible ignition interlock. 
Six points added to driver record.
$1,000 Driver Responsibility Fee for two consecutive years for OWI.
$500 Driver Responsibility Fee for two consecutive years for OWPD.

OWVI (Operating While Visibly Impaired)
Up to $300 fine and one or more of the following:
    Up to 93 days in jail.
    Up to 360 hours of community service.
Driver license restriction for 90 days (180 days if impaired by controlled substance).
Possible vehicle immobilization.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Any combination, second offense within seven years: 

OWI (Operating While Intoxicated)
$200 to $1,000 fine and one or more of the following:
    Five days to one year in jail.
    30 to 90 days community service.
Driver license denial/revocation for a minimum of one year.
License plate confiscated.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)
$200 to $1,000 fine and one or more of the following:
    Five days to one year in jail.
    30 to 90 days community service.
Driver license denial/revocation for a minimum one year.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Any combination, third offense within lifetime (felony): 

OWI (Operating While Intoxicated)
$500 to $5,000 fine and either:
    One to five years imprisonment.
    Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum five years.
License plate confiscation.
Vehicle immobilization one to three years unless vehicle is forfeited.
Possible vehicle forfeiture.
Registration denial.
Six points on driver record.
$1000 Driver Responsibility Fee for two consecutive years.

OWVI (Operating While Visibly Impaired)
$500 to $5,000 fine and either:
    One to five years in prison.
    Probation with 30 days to one year in jail.
60 to 180 days community service.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization one to three years unless forfeited.
Possible vehicle forfeiture.
Registration denial.
Four points on driver record.
$500 Driver Responsibility Fee

First offense 

OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)
    Death-Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
    Injury-Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
    Emergency Responder Death-Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both
Driver license denial/revocation for a minimum of one year.
License plate confiscation.
Vehicle immobilization up to 180 days unless forfeited.
Possible vehicle forfeiture.
$1,000 Driver Responsibility Fee for two consecutive years.

Second offense (any prior crime within seven years): 

OWI/OWVI/OWPD/DWLS causing death/serious injury (felony)
    Death-Up to 15 years imprisonment OR $2,500 to $10,000 fine, or both.
    Injury-Up to five years imprisonment OR $1,000 to $5,000 fine, or both.
    Emergency Responder Death-Up to 20 years imprisonment OR $2,500 to $10,000 fine, or both.
Driver license denial/revocation for a minimum of five years.
License plate confiscation.
Vehicle immobilization 90 to 180 days unless vehicle is forfeited.
Possible vehicle forfeiture.
$1000 Driver Responsibility Fee for two consecutive years.

Open Intoxicants in a Motor Vehicle
Up to a $100 fine.
First offense-no action is taken against driver license.
Second offense-driver license is suspended for 30 days/restricted for 60 days.
Third offense-driver license is suspended for 60 days/restricted for 305 days.
Alcohol screening may be required.
Two points on driver record.

Actions for Drivers Under Age 21:
Zero Tolerance (under age 21) 

First Offense
Up to $250 fine and/or
Up to 360 hours of community service.
Driver license is restricted for 30 days.
Four points on driver record.
$500 Driver Responsibility Fee for 2 consecutive years.

Second Offense within seven years:
Up to $500 fine and/or
Up to 60 days community service.
Up to 93 days in jail.
Driver license suspension 90 days.  Any prior drunk driving conviction results in a minimum one-year driver license revocation.
Four points on driver record.
$500 Driver Responsibility Fee for two consecutive years.

Person Under 21 purchase/consume/possess alcohol: 

First offense-$100 fine, no action is taken against driver license.
Second offense-$200 fine, driver license is suspended for 30 days/restricted for 60 days.
Third offense-$500 fine, driver license is suspended for 60 days/restricted for 305 days.
Community service may be required.
Alcohol screening may be required.

Person Under 21 transport or possess in a motor vehicle: 

Up to a $100 fine.
First offense-no action is taken against driver license.
Second offense-driver license is suspended for 30 days/restricted for 60 days.
Third offense-driver license is suspended for 60 days/restricted for 305 days.
Alcohol screening may be required.
Community service may be required.
Two points on driver record.
Vehicle can be impounded up to 30 days.

Use Fraudulent ID to Purchase Liquor 

Up to a $100 fine, 93 days in jail, or both.
90-day driver license suspension.
Alcohol screening may be required

DWLS (Driving While License Suspended) 

Up to $500 fine, up to 93 days in jail, or both.
Mandatory additional suspension.
$500 Driver Responsibility Fee for two consecutive years.

DWLS (second offense)
Up to $1,000 fine, up to one year in jail, or both.
Mandatory additional suspension.
Vehicle may be immobilized for up to 180 days.
$500 Driver Responsibility Fee

DWLS (third offense-must have two priors within seven years-misdemeanor)
Mandatory additional suspension.
License plate confiscated.
Vehicle immobilized 90 to 180 days.
$500 Driver Responsibility Fee for two consecutive years.

DWLS (fourth offense-must have three priors within seven years-misdemeanor)
Same as for third offense.

DWLS (fifth offense-must have four priors within seven years-misdemeanor)
Mandatory additional suspension.
License plate confiscated.
Vehicle immobilized one to three years.
$500 Driver Responsibility Fee for two consecutive years.